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They are obliged to ensure they are talking to the correct person. Passport and a copy of their PCN ? Are they trying to get you to identify the driver?
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No, they are just asking me to complete SAR form and provide ID before they will provide me with my request.
'We have received your request for SAR. Please can you complete the attached form and return also with photo ID to comply with GDPR regulations.'
ThanksComment
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Post up a copy of the form. Report to the ICOComment
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Hi,
I just checked. They didn't attached the form.
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Hi
Hope you are well?
Should i request for the SAR form from them? Or simply report them to ICO?
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To handle this you need the documents so request again AND complain to the ICOComment
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Hello, Thanks again for all help i have received. Would you please have a look at my defence and critic it for me.
1. I, xxxxxxxxxxxx; defendant in this matter and the registered keeper of the vehicle in question.
1.1. The claim is denied in its entirety except where explicitly admitted here. I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the following reasons, any one of which is fatal to the Claimant's case:
2. The Claim relates to an alleged debt in damages arising from a driver's alleged breach of contract, when parking at xxxxxxxx car park which is a free car park on x/xx/201x and 0x/xx/201x.
3. it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.( BPA Code of Practice for Parking on Private Land when using ANPR)
5. This Claimant has not provided enough details in the particulars of claim to file a full defence. In particular, the full details of the contract which it is alleged to have been breached have never been provided.
6. The Particulars of Claim were extremely sparse of detailed information. The Claimant did not provide copies of the alleged contract and any evidence of contravention or photographs.
7. I do not recall receiving one of the Default Notice (PCN) dated 0x/1x/201x. So, it is denied that the Claimant served that Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. This was added to purely inflate the alleged parking charges.
8. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
9. On the 1xth May 202x I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Gladstones Solicitors (Claimant’s Solicitor). I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment. The Claimant’s Solicitor has not sent any of these documents to the me.
10. On the 1xth May 202x, I also sent a formal request for a copy of the original agreement to the Claimant, pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement
11. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
12. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for Me to fully plead my case else the Claim should stand struck out.
13. In the event that the relevant documents are received from the Claimant, I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
14. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
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Why are you talking about default notices? You seemed to have picked up a credit agreement defence and using irrelevant sectionsComment
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Ok thanksComment
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Hello Please critic this revised verse for me.
1.1. The claim is denied in its entirety except where explicitly admitted here. I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the following reasons, any one of which is fatal to the Claimant's case:
2. The Claim relates to an alleged debt in damages arising from a driver's alleged breach of contract, when parking at RETAIL CENTRE car park which is a free car park on X2/XX/201X and X2/XX/201X.
3 . I do not recall receiving one of the Parking Notice (PCN) dated 0X/X2/201X. So, it is denied that the Claimant served that Parking notice to the Defendant. This was added to purely inflate the alleged parking charges.
4. The Claimant has not provided enough detailed information in the Particulars of Claim to enable me to file a full defence. In particular, the full details of the contract which it is alleged to have been breached have never been provided. (Copies of the alleged contract and any evidence of contravention or photographs.)
5. The signage in the car park where it is alleged that the contract was breached did not sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. (BPA Code of Practice for Parking on Private Land when using ANPR and POFA 2012 Schedule 4 )
a) Inadequate signs incapable of binding the driver - this distinguishes this case from the Beavis case:
(i) There was only a small ANPR ‘data use’ signage with no clear, prominent or legible terms of parking on the site or at the entrance; this is an unfair contract, not agreed by the driver and contrary to the Consumer Rights Act 2015 in requiring a huge inflated sum as 'compensation' from by an authorised party using the premises as intended.
ii) And it is also a breach of the BPA Code of Practice for parking on Private Land ‘Approved Operator Scheme’; which state in its principles as follows:
d) If a vehicle has exceeded the duration of stay either mentioned on the parking ticket or on car park signage (eg. ‘Maximum 2 hour stay for customers only’), then the driver of the vehicle will be required to pay an excess parking charge (which will also be mentioned in the car park’s signage).
e) If a driver does contravene any of the terms and conditions laid out in the signage, they should be aware that they will not receive a ticket at the car park site. Using the vehicle’s registration number, the operator will access the DVLA’s Vehicle Keepers’ details database (with the Reasonable Cause of pursuing a broken contract for parking on private land) and send a charge certificate to the keeper of the vehicle.
As with all methods of enforcement on private land, proper enforcement is dependent on clear signage that is visible from all points of the car park. The BPA’s revised Code of Practice contains recommendations for the size, placement and information for private car park signage, including the fact that the car park is monitored by ANPR technology and that DVLA with be contacted to obtain keeper details in the event of a parking contravention occurring.
6. This case can be distinguished from ParkingEye v Beavis [2015] UKSC 67 (the Beavis case) which was dependent upon an undenied contract, formed by unusually prominent signage forming a clear offer and which turned on unique facts regarding the location and the interests of the landowner. Strict compliance with the BPA Code of Practice (CoP) was paramount and Mr. Beavis was the driver who saw the signs and entered into a contract to pay £85 after exceeding a licence to park free. None of this applies in this material case.
7. In the absence of any proof of adequate signage that contractually bound the Defendant then there can have been no contract and the Claimant has no case.
8. The Claimant has added PCN contractual costs pursuant to the Contract to the original parking charge. The Claimant only sent a couple of emails between the time of the said contravention up to X1/01/202X which will be done by an employee. I deny the Claimant is entitled to any interest whatsoever.
9. On the XXth XX 202X I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Gladstones Solicitors (Claimant’s Solicitor). I requested the Claimant provide copies of the Agreement, Parking Notice and Notice of Assignment. The Claimant’s Solicitor has not sent any of these documents to the me.
10. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for Me to fully plead my case else the Claim should stand struck out.
11. In the event that the relevant documents are received from the Claimant, I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
12. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
thanksComment
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in 9 You are still talking about Agreement and Notice of assignment. These would normally be debt claims only and make no sense in this situation.. What si you aks for in the CPR 31.14 request or did you blindly send the template?
Bring in the Wilkinson case about the extra charges being an abuse of process.Comment
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THANK YOU.Comment
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Could you please be specific with the wilkinson caseComment
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Hello,
It's me again i got a Notice of Proposed Allocation to the Small Claim Track and something doesn't seems right to me.
Important Notice If' you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgment.
TAKE NOTICE THAT .
This is now a defended claim.
The stated-paid defence was not accepted. with the stated paid crossed out
2. lt appears that this case is suitable for allocation to the small claims track. If you believe that this track is not the appropriate track for the claim, you must complete box Cl on the Small Claims Directions Questionnaire (Form N180) and explain why.
3. You must by 12 July 2021 complete the Small Claims Directions Questionnaire (Form N180)and file it with the court oflice the County Court Busincss Centre, 4th FloorSt Katharine's House,21-27St Katharine's Street,Northanmpton, NN1 2LH and servecopieson all otherparties.
My question is ; 'can a defence not be accepted?'
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